Rita Panahi: Victoria’s justice system prioritises the interests of violent offenders over victims

In the week that Victoria reels from the shocking murder of Celeste Manno, we are reminded again that the system needs to better protect at-risk women, writes Rita Panahi.

Victoria’s justice system is one in name only. A system that prioritises the interests of violent offenders over victims and the wider community is one that has sadly lost its way.

How can a civilised country, where women are afforded equal rights and protections, allow a violent thug to walk free from court despite a sickening attack against a vulnerable woman, an attack caught on CCTV? How can any victim of violence feel that they will be treated fairly by the court when a vicious attack, captured in its entirety on video, is not enough to send the assailant to prison?

Essendon District footballer Jackson Williams grabbed his victim - a nurse walking to work on October 28, 2018 — from behind and dragged her into a CBD laneway. The 21-year-old put the terrified woman into a headlock and dragged her further into Brights Place before pinning her on the ground and covering her mouth to stifle her screams.

The 37-second ordeal only came to a stop thanks to the brave intervention of Adrian Woodgate, an off-duty police officer from New Zealand, who ran to the nurse’s assistance. The victim, who has since left Victoria has not been able to return to her job as a nurse. She must bear not only the physical marks of the attack but also deep psychological scars.

Jackson Williams. Picture: David Crosling

To be set upon in such a brutal manner by a powerfully built man determined to harm you would be terrifying. Also, terrifying must be the question of what would’ve happened if the attack was not interrupted. One fears the victim is haunted by that question and indeed any woman who has seen the footage is made keenly aware of how vulnerable we all are if attacked by a physically strong man intent on violence.

There was simply nothing she could’ve done to protect herself, she was at the mercy of a monster who threw her to the ground and pinned her legs with his own.

And yet, incredibly the judge hearing the case determined that this was not a sexually motivated assault and found Williams not guilty of intent to commit a sexual offence which carries a 15-year maximum term.

Instead the former Westmeadows Tigers player was found guilty of common law assault and on Wednesday given a community corrections order, 200 hours of unpaid work plus time already served, being 42 days. He walked free from court never explaining his motivation for the attack. If not to sexually assault the victim why did he grab her by the neck, throw her to the ground and use his weight to hold her down?

One would’ve thought the crystal clear video footage would’ve removed the element of doubt in the case; no “he said, she said” conundrum for the court to unravel. It was a simple case of an innocent woman walking down a street minding her own business being grabbed by the neck and assaulted by a dangerous criminal.

Williams’ trial was by judge-only, and like a number of other judge-only cases heard in Victoria due to COVID-19 the accused has been found not guilty of the most serious charge.

County Court judge Amanda Fox, appointed by Labor in mid-2018, said Williams had been “unfairly subjected” to “a form of extra-curial punishment” including online threats and racial abuse. She also noted that Williams, the son of a Sydney barrister, had been kicked out of his football club.

Earlier the court heard that Williams had a low IQ, experienced “emotional dysfunction” and struggled with cultural issues after learning of his Aboriginal heritage at the age of 12.

No sensible person would support any level of vigilante behaviour but the risk of people taking matters into their own hands only increases when they have little faith in the judicial process.

In this case it feels as if not only was the victim effectively abandoned but we are now asked to feel sympathy for her attacker because he says he’s sorry and has been the target of threats and vitriol.

Sentencing that’s wildly out of touch with community expectations shakes the public’s faith in the justice system.

In the week that Victoria reels from the shocking murder of a much loved daughter and sister, Celeste Manno, allegedly killed by an obsessed stalker, we are reminded again that the system needs to better protect at-risk women.

We either take violence against women seriously when it occurs or we are just paying lip service to the cause.

Spending tens of millions on “awareness” campaigns is not as effective as ensuring women have faith in the justice system.

IN SHORT

This week we saw “Dani” Laidley avoid a conviction for stalking despite pleading guilty. The former North Melbourne coach was described as “inspiring” in court and praised for getting her life back on track. Admirable but what about the victim’s plight and punishment for crimes committed?

MORE PANAHI:

USELESS MASK RULE WILL CRIPPLE OUR TOURISM INDUSTRY

RITA PANAHI IS A HERALD SUN COLUMNIST

@RitaPanahi